So am i fired or what?

Post Reply New Topic

Tinky, don't feel too bad, you could have discovered this in a worse way. Allow me to demonstrate:

I had a waitressing job once, and, around Christmas, the waitresses' stockings were hung up on the wall. I came in unexpectedly one day and mine was...gone.

Sad, but funny, but true. All true. You'll find something better. That's true too.

Last edited by patternist on 16 Oct 2008, 7:48 pm, edited 2 times in total.

It's bizarre the doublespeak that goes on around being fired. One of my favourites was "Thankyou so very much for all your help" said with a slightly pitying smile. Apparently that meant I was fired.

If you really like this job, use the ADA(Americans with Disabilities Act) to at least get unemployment. You could explain to him that under those laws you feel he is in error firing you without any warnings or explanations. That you really like your job, and would appreciate being told what you can do to better. But, if he cannot, suggest that laying you off would be the proper course of action, so you can draw your unemployment.

All of this is dependent on a diagnosis, and being able to present calmly your side. He doesnt know much about disability law, i assure you, so act like you do. It's called bluffing. Most people do whatever they can to keep a job they like, but, do you really like it that much, can you find another one easily, could you call this a lay off when you go to the unemployment office(i think you can...the burden will be on him to change that when he is contacted)...these are questions you need to answer for yourself before you decide to go back.

I'd just find something else, because i wouldnt enjoy the conversation with him again, and i'd go try to draw unemployment. They can sometimes help you with leads for jobs while you draw a check. You do have to have a work history of three months or so to draw, maybe longer...but they can tell you the rules in your state.

I'm sorry you were hurt. Try not to think it's you...think instead it's them, and move on to the next great thing in your life:0).

Ouch - Lab Pet is sorry, tinky. That's got to hurt!

But....1st priority: Resign/quite ASAP. Do NOT let them 'officially' fire you - act now. Submit your resignation paperwork. Like others stated, if you are fired you not only don't get unemployment but this can wreck your resume and/or references! Watch out.

I guess if you want to pursue you could bring up ADA but this is gray murkiness and ADA is a nightmare......uncertain if this would be worth the risk. Anyway, QUIT. You can surely find a better job where you're treated well.

About HOW your (former?) employer did this - yuck! Very shady at best. I hope you're all right tinky.

Not sure where you are... but in Canada it's to your benefit if you can get them to lay you off officially (not fire you). Then you are eligible for employment insurance, if you have worked enough hours. If you quit, you aren't eligible (if I understand it correctly). There is a form they need to fill out, and I believe they are legally obligated to do so, at least in Canada.

Labpet,

You've got it backwards. You are only entitled to collect umemployment if you are fired. If you quit you get nothing. A LOT of employers these days will go to incredible lengths to avoid officially firing someone for just this reason.

Last edited by Ah_Q on 16 Oct 2008, 10:17 pm, edited 1 time in total.

I think Tinky is in the UK.

Sorry for the misinformation - I didn't mean to misguide (thank you for the correction). Usually if an employee is fired unemployment benefits are not given (with certain caveats, such as if employee incurred on-the-job harrassment or discrimination; this is hard to prove though).....in Alaska. Varies amongst States.

But, if an employee just quits - yes, you have a good point Ah_Q. Unless tinky could SHOW she was wrongfully 'terminated,' if she was in fact terminated/fired. I guess the major emphasis: Woud not want tinky to have 'terminated' shown on her employment record. 'Quit' can be acceptable, within reason. And, yes, this depends upon the State! Alaska has an 'at-will' fire/hire policy, which can be scary.

Good luck tinky.....Just must add the manner in which your employer (former?) has behaved is unprofessional. I would imagine hearing the words, "You're fired" is a nightmare but better than guessing. Just to note: No matter what the situation, any former employee should never (in public) complain about their former place of work, co-workers, boss, etc. Tinky, in your next (and far better) job know that your integrity is valued. If you should be asked, like during an interview, WHY you quit, just give a thoughtful answer that is honest - without any bitterness shown or blame given. Even if you're wronged, courtesy and tact are imperative.


patternist: What happened to you is dreadful! So sorry.

tinky, you're amazing and wonderful. Don't ever let any of the shallow lowlifes in this world influence you to think otherwise.

Unfortunately, we live in a world that includes a lot of shallow lowlifes. It's just part of the terrain.

There are people out there capable of appreciating you and valuing the contribution you can make to their operation. It may take some hunting to find them, and it may get discouraging sometimes, but they are out there.

If ninety five percent of the population is too dumb, structured, and superficial to appreciate you, that means one person out of twenty is worth the trouble of finding.

You need to find the gold that's hidden among the dirty gravel. It won't be easy, but you just might make it.

Your boss was unprofessional, and very unethical with no spine at all. He should have sat down with you and told you to your face things weren't working out. What a spineless creep. Go collect some unemployment curtisy of your former boss.

uhh...i'm in new orleans. do i really seem that british like?

i'm going to wait till my brother comes in tommorow. he had to deal with this boss when he worked there. he always thought nothing much of him. we have been talking more and more often lately and he's comforting to talk to.

oh neworleans? well that'd be nicer than the UK.

Being fired without cause is essentially like being laid off, so unemployment claims should be pretty easy.

Unfortunately, I am in this situation right now and getting through the voicemail hassle is a nightmare. It boots me off if in the judgement of the computer I won't get a representative soon and I have to go through the whole process of punching in all of the answers on the telephone again when I try again. It doesn't seem to have a method for logging back in using my PIN. I may be in Hell.

I'm simply going to tell unemployment that my temp agency keeps saying that they will call me when they have something and then they don't call me. Freebird, you should tell them that no one has even told you that you were fired but they aren't working you. Go ahead and apply. Do it immediately because you can't get it for previous weeks even if you weren't working. This kind of thing is actually golden because you did not refuse work, you did not quit, and you were not fired for misconduct. Write down exactly what they did and as best you can, exactly when.

Update: I just had to file myself, and they told me that it's a layoff even if you are still technically an employee but haven't been given work. Please file, it should work.

You've been passively fired.

Try this little experiment: See if anyone is willing to give up a shift or two. If the shift change isn't "approved" for whatever reason then you definately know you've been let go without being let go.
As mentioned above this is an all-too-common way for employers to release an employee without responsibility for unemployment.

Even though most states are "At Will" work places, you can still file a complaint with the Department of Fair Housing and Employment citing lack of evidentiary support for the termination. Very often the company will settle for lost wages.

Actually, you could probably apply for Unemployment now, while you're still "employed" but with no revenue resulting from no shifts. Once your employer is approached with official paperwork he/she may feel inclined to shit-or-get-off-the-pot by really firing you or putting you back on the schedule.

Since you're in the US, I'm pretty sure unemployment is a slam dunk in your case. The boss used reduced income as reasoning, which means downsizing. Not sure how it is in other states, but you get unemployment in Colorado if you lose your job for that reason.

Check out the rules in your state - but I'm pretty sure "downsizing" is a much simpler path than diagnosis, ADA, etc.

This Torture method that RTB outlined here has a legal term, Constructive Termination, where they purposely make your life hell in order to get you to quit. This can count in court as if they fired you the regular way. If you were illegally pushed out, are in a protected class, you may still have legal recourse as if you were out and out fired.